Can a defendant assert a claim of denial of the due process right to an impartial judge on appeal?

California, United States of America


The following excerpt is from People v. Panah, 107 P.3d 790, 25 Cal.Rptr.3d 672, 35 Cal.4th 395 (Cal. 2005):

16. We have observed that, notwithstanding the exclusive-remedy provision of Code of Civil Procedure section 170.3, "a defendant may assert on appeal a claim of denial of the due process right to an impartial judge." (People v. Mayfield (1997) 14 Cal.4th 668, 811, 60 Cal.Rptr.2d 1, 928 P.2d 485.) Although defendant alluded to the due process clause in his motion below and on appeal here, his argument here is focused on whether the trial court complied with the statute and he makes no separate due process argument. Even if we construed his argument to encompass a due process claim, however, we would reject it for the same reasons we find his argument substantively unavailing.

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